[HISTORY: Adopted by the Borough Council
of the Borough of Kutztown 2-17-2015 by Ord. No. 3-2015.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Appeals Board — See Ch. 12.
Construction code — See Ch. 75.
Building construction — See Ch. 77.
Plumbing — See Ch. 163.
Subdivision and land development — See Ch. 195.
Water and sewers — See Ch. 218.
Wellhead protection — See Ch. 220.
Zoning — See Ch. 225.
[1]
Editor's Note: This ordinance also repealed former Ch. 177,
Sewers, adopted 3-12-2002 by Ord. No. 3-2002, as amended.
The management, regulations and operation of the sewer system
of the Borough of Kutztown, Berks County, Pennsylvania, and all things
pertaining thereto and arising in correction therewith shall be vested
in the Sewer Department as previously established by Borough Council.
Unless the context of this chapter clearly indicates otherwise,
the meaning of the terms and abbreviations used in this chapter shall
be as follows:
A device or method that has been accepted by the Sewer Department
as suitable for the proposed use.
The quantity of oxygen utilized in the biochemical oxidation
of organic matter under standard laboratory procedure, five days at
20°C., expressed in terms of weight and concentration of domestic
sewage milligrams per liter (mg/l).
[Added 12-20-2022 by Ord. No. 11-2022]
The Borough of Kutztown, Berks County, Pennsylvania, acting
through its Borough Council or duly designated employee or representative
as designated by Borough Council.[1]
A pipe or sewer that extends from the building's sewer to
the Borough's sewer system.
[Amended 12-20-2022 by Ord. No. 11-2022]
A fitting or fitting assembly installed in the building sewer.
An accessible opening protected by a removable device so
as to permit access to the drainage system for removal of obstructions.
Fees payable by an applicant for connection to the Borough
sewer system, prior to such connection being provided by the Borough.
Normal wastes from water closets, lavatories, showers, laundries
and kitchens; but excluding process water, groundwater, and discharge
from sump pumps, wastewater or industrial wastes. Domestic sewage
shall not exceed the following levels:[2]
[Amended 12-20-2022 by Ord. No. 11-2022]
|
Ammonia-Nitrogen as N
|
50 mg/l
|
|
CBOD
|
300 mg/l
|
|
Phosphorus as P
|
18 mg/l
|
|
Total Suspended solids
|
300 mg/l
|
|
TKN
|
40 mg/l
|
|
Oil and grease
|
25 mg/l
|
|
pH
|
6—9
|
Properties containing both residential and nonresidential
uses.
[Added 12-20-2022 by Ord. No. 11-2022]
The unit of measure by which the sewer tapping fee shall
be imposed upon each improved property connected to the sewer system
in constituting the annual sewer usage by such improved property in
any amount up to 224 gallons per day and increments of up to 224 gallons
per day thereafter.
[Added 12-20-2022 by Ord. No. 11-2022]
Any food handling facility existing on the date of the enactment
of this chapter.
[Added 12-20-2022 by Ord. No. 11-2022]
Organic polar compounds derived from animal and/or plant
sources that contain multiple carbon chain triglyceride molecules,
as rendered animal fat, vegetable shortening, and other such oily
material used for the purpose of and resulting from cooking and/or
preparing food and is distinct from petroleum or mineral oils. These
substances are detectable and measurable using analytical test procedures
established in the United States Code of Federal Regulations at 40
CFR 136, as it may be amended from time to time. All are sometimes
referred to herein as "grease" or "greases."
[Added 12-20-2022 by Ord. No. 11-2022]
Any establishment that contributes, directly or indirectly,
wastewater containing FOG to the sewer system. This includes, but
is not limited to, restaurants, schools, private clubs, delis, churches
and day-care centers.
[Added 12-20-2022 by Ord. No. 11-2022]
A nondomestic, noncommercial discharger of wastewater into
the POTW, including, but not limited to, dischargers of holding tank
waste, factories, industrial cleaning operations, wholesale food processors,
and certain commercial establishments designated by the Borough as
an industrial user.
[Added 12-20-2022 by Ord. No. 11-2022]
Any solid, liquid or gaseous substance or form of energy
that is rejected, escaping or discharged in the course of any industrial,
manufacturing, trade or business process or in the course of the development,
recovery or processing of natural resources, as distinct from domestic
sewage.
[Added 12-20-2022 by Ord. No. 11-2022]
Solders and flux containing not more than 0.2% lead and pipes
and fittings containing not more than 0.8% lead.
An existing food service establishment undergoing material
renovations, including, without limitation, renovations of the plumbing
system or the addition of any equipment that may result in that change
to the nature of the discharge to the POTW.
[Added 12-20-2022 by Ord. No. 11-2022]
Any food service establishment which begins operation after
the date of the enactment of this chapter.
[Added 12-20-2022 by Ord. No. 11-2022]
Shall include all industrial, commercial establishment and
institutions. Nonresidential shall be categorized as follows:
[Added 12-20-2022 by Ord. No. 11-2022]
Class 1 User. Any user of the Borough's POTW who:
Has a discharge flow of 25,000 gallons or more per average workday;
Has a flow greater than 5% of the flow in the Borough's WWTP;
Is subject to federal categorical standards;
Is found by the Borough, Pennsylvania Department of Environmental
Protection or the United States Environmental Protection Agency (EPA)
to have significant impact, either singly or in combination with other
contributing industries, on the POTW, the quality of sludge, the system's
effluent quality or air emissions generated by the system.
Class 2 User: Any user of the Borough's POTW that discharges
nondomestic pollutants in amounts that, on a routine basis, have a
significant impact on the treatment system or collection system or
have the potential to violate the prohibited discharge limitations
in this chapter. This class also includes any industry which presents
the potential to cause sanitary sewer obstruction, slug loads or chemical
spills.
Class 3 User: Any user of the Borough's POTW that discharges
only sanitary wastewater, has dry processes or is considered to have
an insignificant impact on the POTW.
Any discharge other than domestic sewage.
That portion of the POTW designed to provide treatment to
wastewater, including recycling and reclamation of municipal sewage
and industrial wastewater.
[Added 12-20-2022 by Ord. No. 11-2022]
The reduction of the amount of pollutants, the elimination
of pollutants, the alteration of the nature of pollutants, or the
alteration of the nature of pollutant properties in wastewater to
a less harmful state prior to, or in lieu of, discharging or otherwise
introducing such pollutants into the POTW. The reduction or alteration
can be obtained by physical, chemical, biological processes; or by
process changes; or by other means, except as prohibited by 40 CFR
403.6(d) (relating to dilution). Use of grease traps and grease interceptors
shall not be considered pretreatment.
[Added 12-20-2022 by Ord. No. 11-2022]
Those facilities which are necessary to treat sewage or waste water so as to meet the requirements of § 177-9 of this chapter.
The set of standards and specifications governing the type
and installation of sewer system components and facilities as adopted
and amended from time to time by Borough Council.
The treatment works as defined by Section 212 of the Act
(33 U.S.C. § 1292) which is owned by the Borough. This definition
includes any devices, systems, or sewers, other than building sewers,
that convey wastewater to the POTW treatment plant, but does not include
pipes or other conveyances not connected to the POTW. For the purposes
of this chapter, "POTW" shall also include any sewers that convey
wastewaters to the POTW treatment plant from persons outside the Borough.
[Added 12-20-2022 by Ord. No. 11-2022]
Any person owning or occupying any room, group of rooms,
building or other enclosures occupied or intended for occupancy as
separate and/or individual living quarters by a family or other group
of persons living together, or by a person living alone, but excluding
institutional dormitories, hotels, motels, or commercial establishments,
as defined that is connected to or permitted to connect to the sanitary
sewer system of the Borough of Kutztown and shall also be applicable
to those persons developing property for residential dwellings. Residences
shall include, but not be limited to, apartments and any form of multifamily
dwellings not otherwise defined, and retirement facilities, or such
similar facility or facilities, including, but not limited to, personal
care boardinghomes licensed by the commonwealth.
[Added 12-20-2022 by Ord. No. 11-2022]
The sale or transfer of operational control thereof.
[Added 12-20-2022 by Ord. No. 11-2022]
The sewer rates, charges or fees adopted and amended or revised
from time to time by resolution of Borough Council.
A pipe or sewer that extends from the building's sewer to
the Borough's sewer system.
[Added 12-20-2022 by Ord. No. 11-2022]
The operating department organized and supervised by the
Borough Council to manage and operate the sewer system.
The point of connection between the sewer lateral and sewer
system.[3]
The existing waste treatment, pumping stations, force mains,
truck lines, collection lines, manholes, sewer laterals and cleanouts
and other facilities and properties, together with the appurtenant
facilities and properties which the Borough now owns or hereafter
may acquire from time to time, including all property, real, personal
and mixed, rights, powers, licenses, easements, rights-of-way, privileges,
licenses, franchises and other property or interest in property of
whatsoever nature used or useful in connection with such facilities
and together with all additions, extensions, alterations and improvements
thereof or thereto which may be made or acquired from time to time
by the Borough.
A condition posing an actual or potential threat of damage
to the physical properties of the sewer system, the user's system
or an endangerment to the public's safety, health and welfare.
Fees payable by an applicant so as to be allowed to connect
to and discharge into the Borough sewer system as provided for by
Act No. 203 of 1990 of the Commonwealth of Pennsylvania.
A person who leases or rents premises from a user.
The total suspended matter that floats on the surface or
is suspended in water, wastewater, or other liquids, that is removable
by laboratory filtering.
[Added 12-20-2022 by Ord. No. 11-2022]
A person in control of any user's premises who, prior to,
upon or after the effective date hereof, has contracted or shall contract
for connection to a user's unit and/or a person who, upon or after
the effective date hereof, is being provided or will be provided with
service for a user's unit. It shall mean and include, as applicable,
each of the following: a residential or nonresidential (business,
commercial, industrial or institution) establishment.
A building under one roof and occupied by one family or nonresidential
establishment; or
A combination of buildings in one enclosure or group and occupied
by one family or business; or
One side of a double building or house having a solid vertical
partition wall; or
Each room or group of rooms in a building occupied or intended
for occupancy as a separate business or separate living quarters by
a family and/or other group of persons living together or by a person
living alone; or
Any trailer or mobile home occupied by one family or business;
or
Any public building devoted entirely to public use, such as
a schoolhouse, house of worship or firehouse; or
Each apartment, condominium, office or suite of offices in a
building or house having several such apartments, condominiums, offices
or suites of offices and using in common one or more hallways and
one or more means of entrances.[4]
[1]
Editor's Note: The former definition of "building drain" which
immediately followed this definition, was repealed 12-20-2022 by Ord.
No. 11-2022.
[2]
Editor's Note: The former definitions of "drainage system"
and "house connection" which immediately followed this definition,
were repealed 12-20-2022 by Ord. No. 11-2022.
[3]
Editor's Note: The former definition of "sewer lateral," which
immediately followed this definition, was repealed 12-20-2022 by Ord.
No. 11-2022.
[4]
Editor's Note: The former definition of "user's drainage system,"
which immediately followed this definition, was repealed 12-20-2022
by Ord. No. 11-2022.
A.
Applications for new sewer service or repair of existing sewer service
shall be made by the user of the premises to be served. Such application
shall bind the applicant and all subsequent users to which sewer service
is to be furnished. The connection to the sewer system represents
a contract between the user and the Borough.
B.
Except in the case of emergencies, 10 days' written notice to the
Sewer Department shall be given by a user desiring service or repair
of service.
C.
Applications for service or repair of service shall be submitted
to the Borough Code Enforcement office in such form as is prescribed
from time to time. For nonresidential/industrial uses, the completed
wastewater questionnaire shall be submitted along with the service
applications to the Borough Codes Office.
[Amended 12-20-2022 by Ord. No. 11-2022]
Connection permits shall not be issued to properties requiring
subdivision and/or land development approval by the Borough and DEP
planning module approval until such approvals are granted and an agreement
has been executed and recorded between the user and the Borough. The
agreement shall contain, but not be limited to, the following conditions:
A.
Rights-of-way;
B.
Escrow for the cost of the improvements;
C.
Provisions providing for the user to pay all engineering and legal
cost incurred by the Borough;
D.
Provisions requiring testing and televising of all lines prior to
the Borough accepting dedication of said lines;
E.
Provisions for the user to submit to the Borough an "as-built" drawing
showing the location of manholes, mains, lateral connections and house
connections and depths of same.
A.
Connection permits shall not be issued to industrial users until
the following conditions are met and information submitted:
B.
The industrial user shall, upon an unpermitted discharge, immediately
notify the Borough.
A.
Garages and service stations. Garages, service stations or similar
uses used for the cleaning and repair of vehicles and which provide
floor drains for the collection of drainage or residue shall be provided
with an interceptor to collect, but not be limited to, oil, gasoline,
grease and similar fluids, as well as sand, grit and other solids.
B.
Restaurants and food-handling facilities. All food-handling establishments shall install and maintain a grease trap and interceptor, as set forth in Chapter 163 of this Code.
C.
Surface water, groundwater and stormwater runoff. All sources of
surface water, groundwater and stormwater, including, but not limited
to, floor drains, sump pumps, condensate drains, gutters, roof drains,
trench drains or under drains shall not be directed to or connected
to the sanitary sewer system and shall be discharged in to the Borough
stormwater system and/or grade or other approved detention/infiltration
system in accordance with other applicable laws and ordinances. Drainage
to grade shall not be directed on to adjoining properties.
[Amended 5-16-2018 by Ord. No. 4-2018]
D.
Cesspools, septic tanks and holding tanks. No cesspools, septic tanks
or holding tanks shall be used or maintained upon any property which
is connected to the sewer system or which is required to be connected
to the sewer system. No cesspool, septic tank or holding tank shall
be connected to the sewer system.
E.
Fats, oil
and grease control. The requirements of this section shall apply to
new or modified food-handling facilities; to any existing food-handling
facilities upon the sale/transfer thereof; and to any existing food-handling
facilities or other user determined by the Borough to be discharging
FOG in sufficient quantities to require control as per the Borough
Code:
[Added 12-20-2022 by Ord. No. 11-2022]
(1)
Grease interceptor requirements. Users shall install, operate, and
maintain an approved type and adequately sized grease interceptor
necessary to maintain compliance with the requirements of this section.
In addition, all grease interceptors must meet the minimum requirements
of the International Plumbing Code or other applicable plumbing code
used by the Borough.
(2)
Implementation. All facilities required to install a grease interceptor
must obtain prior approval from the Borough with respect to grease
interceptor design, sizing, etc., prior to installation. In the case
of newly constructed facilities, or existing facilities with planned
modifications or plumbing improvements, approval from the Borough
shall be obtained prior to receipt of building permits from the Borough.
In the case of newly sold food-handling facilities, approval from
the Borough shall be obtained prior to any discharge by the new owner.
In the case of existing food-handling facilities or other users determined
by the Borough to require control, the users shall submit grease interceptor
design and specifications for approval from the Borough within 45
days of notice by the Borough that such control is necessary, or as
otherwise stated in the notice.
(3)
Variance from grease interceptor requirements. Grease interceptors
required under this chapter shall be installed unless the Borough
determines, in writing, that the installation of an indoor grease
trap or other alternative pretreatment technology may be installed
in lieu of a grease interceptor because the installation of a grease
interceptor would not be reasonably feasible. The user bears the burden
of demonstrating that the installation of a grease interceptor is
not reasonably feasible. Conditions under which the installation of
a grease interceptor would not be reasonably feasible may include
instances in which the installation of a grease interceptor is not
reasonably feasible due to space constraints. If an applicable user
believes the installation of a grease interceptor is not reasonably
feasible, it shall submit a written request for a determination by
the Borough containing the following information:
(a)
Location of sewer main and easement in relation to available
exterior space outside building.
(b)
Description of and plans showing existing plumbing at the facility,
including plans showing any common plumbing for all wastewater services
at the facility.
(c)
An explanation as to why the installation of a grease interceptor
is not reasonably feasible.
(d)
Description of a design plan for any alternative pretreatment
technology (other than a grease interceptor) proposed to be installed
to trap, separate and hold FOG from wastewater and prevent it from
being discharged into the POTW. All alternative pretreatment technology
must be appropriate.
(e)
A plan for regular maintenance of the alternative pretreatment
technology.
(4)
Wastewater discharge limitations. No user shall allow wastewater
containing FOG discharged from any grease interceptor, grease trap
or alternative pretreatment technology to exceed 100 milligrams per
liter.
(5)
Grease interceptor design/operation.
(a)
Grease interceptor sizing and installation shall conform to
the current edition of the International Plumbing Code or other applicable
plumbing code used by the Borough.
(b)
Grease interceptors shall be constructed in accordance with
design approved by the Borough and shall have a minimum of two compartments
with fittings designed for grease retention.
(c)
Grease interceptors shall be installed at a location where it
shall be easily accessible for inspection, cleaning, and removal of
intercepted grease. The grease interceptor may not be installed in
any part of the building where food is handled. Location of the grease
interceptor must be approved by the Borough.
(d)
All such grease interceptors shall be serviced and emptied of
accumulated waste content as required in order to maintain minimum
design capability. These devices should be inspected at least monthly.
(e)
Grease interceptors shall provide for a minimum hydraulic retention
time in accordance with the International Plumbing Code or other applicable
plumbing code used by the Borough.
(f)
Grease interceptors shall be kept free of inorganic solid materials
such as grit, rocks, gravel, sand, eating utensils, cigarettes, shells,
towels, rags, etc., which could settle into this pocket and thereby
reduce the effective volume of the device.
(g)
During the first year after installation, grease interceptors
shall be pumped out at least semiannually, or when 75% of the system
capacity is reached, whichever is more frequent. After the first year
of use, grease interceptors must be pumped out at least annually or
when no more than 75% of the system capacity is reached, whichever
is more frequent. After two years of use, the pumping frequency may
be reduced, upon written approval of the Borough, if adequate documentation
can be shown that a reduced pumping frequency is sufficient to comply
with the provisions of this section.
(h)
The user shall maintain a written record of inspection and maintenance
of the grease interceptor for five years. All such records will be
made available for on-site inspection by representative of the Borough.
(i)
Toilet wastes shall not be connected to sewer lines connected
to grease interceptor service.
(j)
Access manholes, with a minimum diameter of 24 inches, shall
be provided over each grease interceptor chamber and sanitary tee.
The access manholes shall extend at least to finished grade and be
designed and maintained to prevent water inflow or infiltration. The
manholes shall also have readily removable covers to facilitate inspection,
grease removal, and wastewater sampling activities.
(6)
Grease trap design/operation.
(a)
In the event that the Borough approves the installation of a
grease trap in lieu of a grease interceptor, such grease trap shall
comply with the provisions of this section. Grease traps must be installed
in the waste line leading from sinks, drains, and other fixtures or
equipment in food service establishments where FOG may be introduced
into the discharge to the POTW in excess of 100 milligrams per liter.
(b)
Grease traps sizing and installation shall conform to the International
Plumbing Code or other applicable plumbing code used by the Borough.
(c)
No grease trap shall be installed which has a stated rate flow
of more than 55 gallons per minute, nor less than 20 gallons per minute,
except where specifically approved by the Borough, in writing.
(d)
Grease traps shall be maintained in efficient operating conditions
by periodic removal of the accumulated FOG. No such collected FOG
shall be introduced into any drainage piping, or public or private
sewer. For the first year after installation the trap shall be pumped
out at least semiannually, or when 75% of the capacity of the system
is reached, whichever is more frequent. Thereafter, traps must be
emptied out at least annually, or when no more than 75% of the capacity
of the system is reached, whichever is more frequent. This frequency
can be reduced by the Borough, in writing, if adequate documentation
can be shown that a reduced pumping frequency is sufficient to comply
with the provisions of this section.
(e)
No food waste disposal unit or dishwasher shall be connected
to or discharge into any grease trap.
(f)
Wastewater in excess of 140° F./60° C. shall not be
discharged into a grease trap.
A.
All sewer connections hereinafter installed and/or replaced shall
be made at the Borough sewer lateral and shall be installed as specified
in the Pennsylvania Uniform Construction Code and in conformity with
Borough standard details/specifications for sewer connections. Furthermore,
any users may voluntarily bring themselves into compliance with the
requirements of the Borough code should they desire.
[Amended 12-20-2022 by Ord. No. 11-2022]
B.
The Sewer Department shall install the sewer lateral from the sewer
main to the property line. All cleanouts shall be placed a minimum
of 10 feet upstream from the downstream property line unless conditions
dictate an alternative location. Such locations shall be determined
by the Sewer Department. For this installation, a connection fee,
and when applicable a tapping fee, shall be charged to the user as
adopted from time to time by resolution of Borough Council.
C.
Except as otherwise provided in this subsection, each improved property
shall be connected separately and independently with a sewer through
a building sewer. Grouping of more than one improved property on one
building sewer shall not be permitted, except under special circumstances
and for good sanitary reasons or other good cause shown, but then
only after special permission of the Borough, in writing, shall have
been secured and only subject to such rules, regulations and conditions
as may be prescribed by the Borough.
D.
All costs and expenses of acquisition, construction, operation and
maintenance of a building sewer and of the lateral serving any improved
property shall be borne by the owner of the improved property served
thereby, unless otherwise provided by the Borough. All costs and expenses
of connection of a building sewer to a lateral, and connection of
a lateral to a sewer, including such costs and expenses of acquiring,
installing, operating and maintaining a grinder pump or similar apparatus
approved by the Borough, shall be borne by the owner of the improved
property so connected, unless otherwise provided by the Borough. The
owner shall be held responsible for ownership, maintaining, and repairing
the property building sewer to the edge of curb, edge of cartway,
or edge of Borough sanitary sewer right-of-way, should a sanitary
sewer right-of-way exist on the property. Each such owner shall indemnify
and shall save harmless this Borough from all loss or damage that
may be occasioned, directly or indirectly, as a result of construction,
connection, operation or use of a building sewer or of a lateral.
[Amended 6-18-2019 by Ord. No. 1-2019]
E.
No person other than a master plumber shall connect any premises
with the Borough's sewer system at the Borough sewer connection and
prior to doing same, shall obtain a plumbing permit from the Borough
Code Office.
F.
Any work done in making a connection to the sewer system shall be
inspected by the Sewer Department and/or Borough Code Office prior
to covering same. Closures made in violation of this section shall
be uncovered for inspection. Users may retain the services of a master
plumber, registered with the Borough, to perform inspections in the
event the Borough Codes Department is unavailable.
[Amended 12-20-2022 by Ord. No. 11-2022]
G.
In case of leaks upon the premises of a user remaining unrepaired
after notice to the user, which notice shall contain the time in which
such repair shall be made, the Sewer Department shall effect such
repair with all costs for said repair to be paid for by the user.
H.
Sewer connections. Notice to connect to the Borough sewer system
shall be via United States certified mail to the owner of the property.
A.
The Sewer Department reserves the right to disconnect the sewer lateral
or order suspension of the user's sewer system of any user for any
of the following reasons:
(1)
For repairs.
(2)
For unavoidable interruption in the Borough's sewer system.
(3)
After any disapproval of the user's equipment or installation by
virtue of its being defective or unsafe without prompt action being
taken to remedy the same.
(4)
When a connection is incompatible with orders, the Code of the Borough
of Kutztown or laws of the Commonwealth of Pennsylvania or department
thereof.
(5)
For nonpayment of any bill, including service charge, payable to
the Borough under the provisions of the Code of the Borough of Kutztown
establishing or otherwise related to the discharge of sewage into
the sewer system.
(6)
For violation of or noncompliance with the terms and conditions,
regulations and rules set forth in this chapter any other regulation
of the Borough pertaining to the discharge of sewage into the sewer
system.
(7)
For the discharge of any substance other than domestic sewage into
the sewer system which creates or may create a system hazard.
(8)
Whenever such action is necessary in the opinion of the Sewer Department
to protect the Borough from fraud or abuse.
B.
The Sewer Department shall notify a user in writing by certified
United States first-class mail, postage prepaid, when discontinuance
is due to nonpayment of bills, or other violations described herein.
C.
The Borough shall not be liable for any damage, loss or injury sustained
by the user or the user's tenant by reason of any failure to receive
sewage on account of storms, accident or for any other cause whatsoever.
D.
Should any user's sewer system serviced by the Borough sewer system
be operated in violation of any provisions of this chapter or any
state and federal regulations, it shall be the duty of the Sewer Department
to completely disconnect all service connections serving such user's
sewer system or to assure itself that there is a physical separation
of piping until this chapter is properly complied with. Any cost of
such disconnection and the estimated cost of reconnection shall be
paid by the user before service is restored.
A.
The Borough shall require any user who discharges any substance other
than domestic sewage into the sewer system to provide pretreatment
facilities for such pollution.
B.
The requirement for pretreatment facilities shall be determined by
the following criterion:
(1)
To meet the parameters and specific pollutant limitations necessitated
by actions of regulatory agencies with respect to permits issued to
the Borough for the operation of the sewer system.
(2)
To meet regulations so as to comply with and be acceptable to applicable
state agencies and any other regulating agency in regards to discharge
and treatment of sewage.
(3)
To prevent a system hazard.
C.
The cost of any and all required pretreatment facilities shall be
paid for by the user.
D.
The design and operation of pretreatment facilities shall conform
and be approved by the Borough, applicable state agencies and any
other regulatory agency which has jurisdiction.
E.
The Borough may require the collection and analysis of samples of
waste to confirm compliance with these requirements. Such collection
and analysis shall be performed by a licensed laboratory at the user's
cost. All analysis shall be performed in accordance with procedures
established by the EPA pursuant to Section 304(g) of the Act and contained
in 40 CFR Part 136 and amendments thereto, or with any other test
procedures approved by the EPA. Sampling shall be performed in accordance
with the techniques approved by the EPA. Sampling. Samples collected
to satisfy reporting requirements must be based on data obtained through
appropriate sampling and analysis performed during the period covered
by the report, based on data that is representative of conditions
occurring during the reporting period. Samples shall be collected
as follows:
[Amended 12-20-2022 by Ord. No. 11-2022]
(1)
Except as indicated in Subsections E(2) and (3) below, the user must collect wastewater samples using twenty-four-hour flow proportional composite sampling techniques, unless time proportional composite sampling or grab sampling is authorized by the Borough Manager. Where time proportional composite sampling or grab sampling is authorized by the Borough, the samples must be representative of the discharge. Using protocols specified in 40 CFR Part 136 and appropriate EPA guidance, multiple grab samples collected during a twenty-four-hour period may be composited prior to the analysis as follows: for cyanide, total phenols, and sulfides the samples may be composited in the laboratory or in the field; for volatile organics and oil and grease, the samples may be composited in the laboratory. Composite samples for other parameters unaffected by the compositing procedures as documented in approved EPA methodologies may be authorized by the Borough as appropriate. Additionally, grab samples may be required to show compliance with instantaneous limits.
(2)
Samples
for oil and grease, temperature, pH, cyanide, total phenols, sulfides,
and volatile organic compounds must be obtained using grab collection
techniques.
(3)
For
sampling required in support of baseline monitoring and ninety-day
compliance reports [40 CFR 403.12(b) and (d)], a minimum of four grab
samples must be used for pH, cyanide, total phenols, oil and grease,
sulfide and volatile organic compounds for facilities for which historical
sampling data do not exist; for facilities for which historical sampling
data are available, the Borough Manager may authorize a lower minimum.
For the reports required by Subsection 15-31(c) [40 CFR 403.12(e)
and 403.12(h)], the user is required to collect the number of grab
samples necessary to assess and assure compliance with applicable
pretreatment standards and requirements.
F.
The Borough may require the user to install a sampling manhole and
flowmeter in the building drain to facilitate observation, sampling,
and measurement of the waste discharge. The cost of such sampling
manhole and flowmeter on a designated sampling schedule shall be at
the user's cost.
[Amended 12-20-2022 by Ord. No. 11-2022]
G.
Pollution of the sewer system shall be any or any combination of
the discharges listed below:
[Amended 12-20-2022 by Ord. No. 11-2022]
(1)
Having a temperature higher than 150° F.; or
(2)
Containing more than 100 milligrams per liter by weight of fat, oil
or greases; or
(3)
Containing any gasoline, benzene, naphtha, fuel oil or other inflammable
or explosive liquid, solid or gas; or
(4)
Containing any unground garbage; or
(5)
Containing any ashes, cinders, sand, mud, straw, shavings, metal,
glass, rags, feathers, tar, plastics, wood, paunch manure, or other
solid or viscous substance capable of causing obstruction or other
interference with the proper operation of the Borough's sewer system;
or
(6)
Having a pH of not lower than 6.0 or higher than 9.0, or having any
other corrosive property capable of causing damage or hazard to structures,
equipment or personnel of the Borough's sewer system; or
(7)
Containing any toxic or poisonous substance in sufficient quantity
to injure or interfere with any sewage collection and/or treatment
process and/or sludge treatment or disposal, constituting a hazard
to humans or animals, or create any hazard in the receiving waters
of the Borough's waste treatment plant; or
(8)
Containing total solids in such character and quantity that unusual
attention or expertise is required to handle such materials at the
Borough's waste treatment plant or that prevents the Borough from
disposing of the sludge or other solids in its usual manner; or
(9)
Containing a noxious or malodorous gas or substance capable of creating
a public nuisance; containing any sanitary sewage not amenable to
treatment or reduction by the sewage treatment processes employed,
or exceeding the parameters listed in this section, unless otherwise
permitted, authorized or approved by the Borough and/or the applicable
agencies of the Commonwealth of Pennsylvania.
(10)
Containing any radioactive wastes or isotopes.
(11)
A daily average of more than 300 milligrams per liter of total
suspended solids, 300 milligrams per liter of BOD 5, 3,500 milligrams
per liter of dissolved solids, or 3,850 milligrams per liter of total
solids.
|
Prohibited Discharges
| ||
|---|---|---|
|
Parameter
|
Current maximum concentration from user connections (mg/l)
|
Proposed maximum concentrations from user connections
|
|
Ammonia
|
50.0
|
25.0
|
|
Chromium Hexavalent
|
0.09
|
0.09
|
|
Cadmium
|
1.0
|
1.0
|
|
Chromium (Total)
|
2.0
|
0.90
|
|
Color
|
150 Units
|
150 Units
|
|
Copper
|
0.65
|
0.20
|
|
Cyanide
|
Not Included
|
0.008
|
|
Iron
|
50.0
|
50
|
|
Lead
|
2.0
|
0.06
|
|
Total Kjeldahl Nitrogen
|
Not Included
|
40
|
|
Mercury
|
0.1
|
0.001
|
|
Molybdenum
|
Not Included
|
2.20
|
|
Nickel
|
2.0
|
1.02
|
|
Phosphorus Total
|
25
|
18
|
|
Biochemical Oxygen
|
Not Included
|
250
|
|
Selenium
|
0.1
|
0.1
|
|
Silver
|
Not Included
|
0.033
|
|
Suspended solids
|
Not Included
|
250
|
|
Fats, oil and grease
|
100
|
100
|
|
Grease and oil
|
25
|
25
|
|
Total dissolved solids
|
3500
|
1000
|
|
pH
|
6-9
|
6-9
|
|
Nitrogen total
|
Not Included
|
25
|
|
Zinc
|
0.8
|
0.090
|
|
Phenols (Total)
|
Not Included
|
0.20
|
H.
Compliance data report.
(1)
Within 90 days following the date for final compliance with applicable
pretreatment standards or, in the case of a new source subject to
pretreatment standards and requirements, following commencement of
the introduction of wastewater into the POTW, any user subject to
pretreatment standards and requirements shall submit to the Borough
a report indicating the nature and concentration of all pollutants
in the discharge from the regulated process which are limited by pretreatment
standards or requirements. The report shall also include the certification
statement as specified in 40 CFR 403.6(d)(2)(ii) in section 15-23
of this chapter. The report shall state whether the applicable pretreatment
standards or requirements are being met on a consistent basis, and
if not, what additional O&M and/or pretreatment is necessary to
bring the user into compliance with the applicable pretreatment standards
or requirements. This statement shall be signed by an authorized representative
of the user and certified by a qualified professional engineer, who
is registered in the Commonwealth of Pennsylvania.
(2)
Written reports will be deemed to have been submitted on the date
postmarked. For reports which are not mailed, postage prepaid, into
a mail facility serviced by the U.S. Postal Service, the date of actual
receipt of the report by the Borough shall govern.
I.
Violation reporting/repeat sampling and reporting.
(1)
It shall be the obligation of any person within two hours of the
time when such person knew or should have known that it is violating
the provisions of this chapter, permit or any regulation issued pursuant
to this chapter, to notify the Borough.
(2)
When the violation involves the discharge of wastewater above local
permitted limits, the user shall re-sample and re-submit the results
of such re-sampling with respect to violated pollutants within 30
days of its required notice to the Borough of such violation. Re-sampling
by the user is not required if the Borough performs sampling at the
user's facility at least once a month, or if the Borough performs
sampling at the user between the time when the initial sampling was
conducted and the time when the user or the Borough receives the results
of this sampling, or if the Borough has performed the sampling in
lieu of the user.
J.
Periodic compliance reports.
(1)
Any user subject to a pretreatment standard after the compliance
date of such pretreatment standard or, in the case of a new source,
after commencement of the discharge to the POTW, shall submit to the
Borough during the months of June and December of each year, unless
required more frequently in the pretreatment standards or by the Borough
in the permit, a baseline monitoring report (BMR) or periodic compliance
report indicating the nature and concentration of pollutants in the
effluent which are limited by such pretreatment standards. In addition,
this report shall include a record of all daily flow which, during
the reporting period, exceeded the average daily flow allowed in the
permit. At the discretion of the Director of Public Works and in consideration
of such factors as local high or low flow rates, holiday, budget cycles,
etc., the Borough may agree to alter the months during which the above
reports are to be submitted. This report shall be signed, using the
certification in section 15-22 of this chapter, by an authorized representative
of the user and certified by a qualified professional engineer, who
is registered in the Commonwealth of Pennsylvania.
(2)
All users shall submit to the Borough a periodic self-monitoring
report (SMR), in accordance with any provisions in its permit.
(3)
The Borough may impose mass limitations on any users where the imposition of mass limitations is, in the Borough's opinion, appropriate. In such cases, the reports required by Subsection J(1) or (2) of this section shall indicate the mass of pollutants in the effluent of the user. These reports shall contain the results of sampling and analysis of the discharge, including the flow, nature, concentration, production, and by mass where requested by the Wastewater Treatment Plant superintendent, of pollutants contained therein which are limited by the applicable pretreatment standards. The frequency of monitoring shall be prescribed in the applicable pretreatment standard or in the permit.
(4)
All dischargers shall provide appropriate reports to Wastewater Treatment
Plant superintendent.
(5)
Written reports will be deemed to have been submitted on the date
postmarked. For reports which are not mailed, postage prepaid, into
a mail facility serviced by the U.S. Postal Service, the date of receipt
of the report by the Borough shall govern.
K.
General prohibitions. No person shall contribute or cause to be contributed,
directly or indirectly, any pollutant or wastewater which will cause
pass through or interference. These general prohibitions apply to
all dischargers to the POTW, whether or not the discharger is subject
to national categorical pretreatment standards or any other national,
state, or local pretreatment standards or requirements.
L.
Specific prohibitions.
(1)
No person may contribute the following substances to the POTW:
(a)
Any liquids, solids, or gases which by reason of their nature
or quantity are, or may, be sufficient either alone or by interaction
with other substances to create fire or an explosive hazard or be
injurious in any other way to the POTW or to the operation of the
POTW, including, but not limited to, waste streams with a closed-cup
flashpoint of less than 140° F. (60° C.) using the test methods
specified in 40 CFR 261.2 1. At no time shall two successive readings
on an explosion hazard meter at the point of discharge into the POTW
(or at any point in the system) be more than 5% nor any single reading
over 10% of the lower explosive limit (LEL) of the meter. Prohibited
materials include, but are not limited to, gasoline, kerosene, naphtha,
benzene, toluene, xylene, ethers, alcohols, ketones, aldehydes, peroxides,
chlorates, perchlorates, bromates, carbides, hydrides and sulfides.
(b)
Solid or viscous substances which may cause obstruction to the flow in a sewer or pass through or cause interference with the operation of the wastewater treatment facilities or collection system, such as, but not limited to FOG (other than in compliance with § 177-6), garbage with particles greater than one-half-inch in any dimension, animal guts or tissues, paunch manure, bones, hair, hides, fleshing, entrails, whole blood, feathers, ashes, cinders, sand, mud, spent lime, stone or marble dust, metal, glass, straw, shavings, grass clippings, rags, spent grains, spent hops, waste paper, wood, plastics, tar, asphalt residues, residues from refining or processing of fuel or lubricating oil, and residues from grinding, or polishing processes.
(c)
Any substance which may cause the POTW's effluent or any
other product of the POTW, such as residues, sludges, or scums, to
be unsuitable for reclamation and reuse, or to interfere with the
current reclamation process or reuse. In no case shall a person discharge
a substance to the POTW that will cause the POTW to be in noncompliance
with sludge use or disposal criteria, guidelines, or regulations developed
under Section 405 of the Act; any criteria, guidelines, or regulations
affecting sludge use or disposal developed pursuant to the Solid Waste
Disposal Act,[1] the Clean Air Act,[2] the Toxic Substance Control Act,[3] or state criteria applicable to the sludge management
method being used.
(d)
Any substance, which alone, or in conjunction with other discharges
will cause a pass through or interference at the POTW or cause the
POTW to violate its NPDES permit or the receiving water quality standards.
(e)
Any wastewater with objectionable color not removed in the treatment
process such as, but not limited to, dye wastes and vegetable tanning
solutions. Any wastewater having a temperature which will inhibit
biological activity in the POTW treatment plant or collection system
resulting in interference. In no case shall wastewater have a temperature
at the introduction into the POTW which exceeds 40° C. (104°
F.).
(f)
Any wastewater containing pollutants, including oxygen-demanding
pollutants (CBOD, BOD, etc.) released in a discharge at a flow rate
and/or pollutant concentration which either singly or by interaction
with other pollutants will cause interference to the POTW or interferes
with any wastewater treatment or sludge process, or which will constitute
a hazard to humans or animals.
(g)
Any wastewater which causes a hazard to human life or creates
a public nuisance.
(h)
Stormwater, surface water, groundwater, artesian well water,
roof runoff, subsurface drainage, swimming pool drainage, condensate,
deionized water, noncontact cooling water, and unpolluted industrial
wastewater, unless specifically authorized by the Director of Public
Works.
(i)
Petroleum oil, nonbiodegradable cutting oil, or products of
mineral oil origin in amounts that will cause interference or pass
through.
(j)
Any pollutants which result in the presence of toxic gases,
vapors, or fumes within the POTW in a quantity that may cause acute
worker health and safety problems.
(k)
Any trucked or hauled waste, except at discharge points and
in conformance with conditions designated by the Borough.
(l)
Any sludges, screenings, or other residues from the pretreatment
of industrial wastes.
(m)
Any medical/dental wastes, except as specifically authorized
by the Borough in a permit.
(n)
Any hazardous waste as defined in 40 CFR 261, unless specifically
authorized by the Borough in a permit.
(o)
Detergents, surface-acting agents, or other substances, which
may cause excessive foaming at the POTW.
M.
Whenever the Wastewater Treatment Plant superintendent determines
that a user is contributing to the POTW any of the above enumerated
substances, the Borough shall 1) advise the person of the impact of
his contribution on the POTW, 2) develop effluent limitations for
such person, and/or 3) proceed with enforcement pursuant to the provisions
of this chapter.
A.
The properly authorized agent(s) of the Sewer Department and/or Borough
Code Office shall, at all reasonable hours, have free and unrestricted
access to any user's premises for the purpose of inspecting the user's
sewer system and for examining or repairing any property of the Borough.
Reasonable hours shall be deemed to be between 6:00 a.m. and 10:00
p.m., prevailing time. Inspections and examinations shall consist
of the following:
[Amended 12-20-2022 by Ord. No. 11-2022]
(1)
Inspection
of properties for illegal connections (sump pumps, floor drains, etc.);
(2)
Ensuring
cleanouts are installed at proper location. If no cleanouts are in
place, require cleanouts to be installed. Properties where the installation
of cleanouts is not practical may be waived from cleanout requirements.
(3)
Ensure
that vent/traps meet the requirement to be Three Stack type which
is cleanout/vent. Require replacement as required.
B.
The Borough shall have the right to enter the premises of any nonresidential
user at any time during operations to determine whether the user is
complying with all requirements of this chapter and any wastewater
discharge permit or order issued hereunder. Users shall allow the
department employees ready access to all parts of the premises for
the purposes of inspection, sampling, records examination and copying,
and the performance of any additional duties.
C.
Inspections
will be required at the following times:
[Added 12-20-2022 by Ord. No. 11-2022]
(1)
Time
of property sale;
(2)
Improvements
to a property that adds a bathroom;
(3)
Sewer
classification change, such as changing from a residence to a restaurant;
(4)
Sewer
lateral backup or blockage resulting in a sanitary sewer overflow;
(5)
Or
any time deemed necessary by the Borough Codes Office.
A.
All structures served by the sewer system shall have a separate sewer
lateral and drainage system installed for such structure, whether
or not such structure is separately assessed for tax purposes and
whether or not two or more such structures are erected upon adjoining
land of the same user.
B.
In multi-use buildings, under ownership of one person or user, a
single sewer lateral and drainage system may be used to discharge
sewage from more than one user unit. The size of the connection shall
be approved by the Sewer Department.
C.
In condominium buildings, where individual user units are owned by
different users, a separated service lateral and drainage system shall
be required unless approved otherwise by the Borough.
A.
Whenever the Code Officer believes or has cause to believe that there
has occurred and/or is continuing any violation of the provisions
of this chapter or any rules, regulations, or resolutions adopted
pursuant to this chapter, the Code Officer shall give notice of such
violation to each person responsible therefor, and such notice shall:
(1)
Be in writing and state the place and location of the violation;
(2)
State the nature, condition and manner of the violation;
(3)
State the determination of the Code Officer with respect to the violation;
(4)
State the name of each person deemed responsible by the Code Officer
for such violation, together with the name of the owner of the property
upon which the violation occurred and/or is located;
(5)
State the date of the notice and the period of time, if any, allowed for compliance with this chapter, as such period of time is specified in Subsection C of this section;
(6)
Be served upon the owner of the property involved and all other persons, if any, named in the notice pursuant to Subsection A(4) of this section, and service of such notice shall be made upon the owner and each such other person, if any, either personally or by certified first-class mail, return receipt requested, postage prepaid, sent to the last known address of such owner and such other person.
B.
The requirements for service of notice as contained in this chapter
shall apply only as to notification of the first occurrence of any
violation. The issuance of a notice thereafter regarding any repeated
occurrence of the same violation shall not be required prior to the
imposition of penalties as provided for in this chapter.
C.
The period of time within which a person determined to be responsible, pursuant to Subsection A(4) of this section, for any violation shall comply with the specific provisions of this chapter, following the issuance of a notice, shall be 60 days unless the Code Officer sets forth a specific period of time, taking into consideration the nature of the violation and the degree of danger to public health and safety posed by such violation. The notice of any violation may require immediate compliance with this chapter (any such notice requiring immediate compliance hereinafter referred to as an "emergency order") when it is determined by the Code Officer that the violation in question presents an immediate and present danger or nuisance to the health, safety and welfare of the public, and, in such cases, notice of the violation constituting such emergency order may be verbal (which verbal notice shall thereafter be confirmed with a written notice) and shall be served personally upon the person, if available, who has caused or is responsible for or in control of said violation, and such notice constituting such emergency order may require the immediate correction and discontinuance of the violation and compliance with this chapter.
[Amended 12-20-2022 by Ord. No. 11-2022]
D.
Notwithstanding any such notice requirements of this section which
it is determined by an officer of the Kutztown Police Department that
an immediate, present danger exists to the health, safety and welfare
of the public, said officer shall enforce the provisions of this chapter
being violated by verbal notice constituting an emergency order, without
the need for the issuance of any written notice of any violation.
A.
A sewer service charge for the discharge of sewage is hereby imposed,
as adopted from time to time by resolution of Borough Council.
B.
The sewer rates for the discharge of sewage per users shall be as
adopted from time to time by resolution of Borough Council.
C.
The sewage discharge shall be determined by the water meter or water
meters installed by the Borough for the user's premises, and all bills
shall be calculated upon the basis of registration of such water meter
or water meters. If a water meter ceases to register or is found defective,
the quantity of sewage discharged shall be determined by taking the
average water consumption for the four meter reading periods immediately
preceding the date when the water meter was found to be defective,
which amount shall be assumed to be the average amount of sewage discharged
by the user during the billing period in which the water meter was
found to be defective. Exceptions will be made to this rule only where
the facts clearly show that the stated method does not give a reasonable
accurate volume of discharge for the period.
D.
The Borough Council shall have the right to change sewer service
charges and/or sewer rates from time to time by resolution.
A.
All bills for sewage discharge shall be rendered before the first
day of January, April, July and October of each year on water meter
readings made in the respective immediately preceding months, and
such bills shall include the service charge for the immediately preceding
calendar quarter. All such bills shall be due and payable on or before
the first day of the following February, May, August and November.
All bills remaining unpaid for one calendar month after the due date
shall be subject to a penalty as adopted from time to time by resolution
of Borough Council, which penalty plus interest shall be computed
on the unpaid balance.
B.
In case any bill rendered under § 177-10A shall remain unpaid for a period of 30 days, the water service to the user shall be shut off, so as to eliminate discharge into the sewer system, by the Water Department after compliance with the rules and regulations of the Pennsylvania Public Utility Commission then in effect, and service shall not be renewed until arrears and penalties are paid together with any expenses incurred by the Water and/or Sewer Department in shutting off and restoring water and/or sewer service.
A.
Any user premises to be served with the sewer system henceforth applying
for service may be required to deposit with the Borough an amount
equal to the estimated gross bill of such user for any single billing
period, plus one month (maximum period not to exceed four months).
B.
A deposit from a user shall be returned when the user shall have
paid undisputed bills for service over a period of 12 consecutive
months, and any such user, having secured the return of a deposit,
shall not be required to make a new deposit unless the service has
been discontinued or the user's credit standing impaired through failure
to comply with the Borough's tariff provisions.
C.
The payment of any undisputed bill, within the meaning of the Public
Utility Law, shall be payment of the bill with or without disconnection
or penalty, within 30 days following the period for which the bill
was rendered or payment within 30 days following presentation of the
bill, or the payment of any contested bill, payment of which was withheld
beyond the period herein mentioned and the dispute is terminated substantially
in favor of the user and payment by the user within 10 days thereafter.
D.
No interest shall be payable by the Borough on any deposits.
[Amended 12-20-2022 by Ord. No. 11-2022]
A.
Any person violating any provision of this chapter which violation
causes a system hazard or causes contamination or pollution which
creates a hazardous condition to the sewer system or general public,
upon conviction thereof shall be subject to a penalty of not less
than $100 nor more than $1,000 for each violation.
B.
Any person violating any provision of this chapter, other than a violation as listed in § 177-12A of this chapter, upon conviction thereof shall be subject to a penalty of not less than $50 nor more than $600 for each violation.
C.
Any person having illegal connections, noncomplying connections,
and defective connections not corrected within the sixty-day correction
period shall be subject to a penalty of not less than $75 nor more
than $750 for each violation.
D.
Every violation of this chapter shall constitute a separate offense,
and each day such violation exists shall constitute a separate offense.
E.
The penalties
as prescribed above shall be imposed and collected in the manner provided
for by the Borough Code in the case of violations of Borough Ordinances.
